§ 50.001 DEFINITIONS.
   For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
   “ACT or THE ACT.” The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. §§ 1251 et seq.
   “APPROVAL AUTHORITY.” The approval authority for the City of Noblesville Utilities Department is IDEM.
   “BIOCHEMICAL OXYGEN DEMAND (BOD).” The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20°C, expressed in milligrams per liter as defined in the current edition of Standard Methods.
   “BOARD.” The Board of Works of the City, or any duly-authorized officials acting in its behalf.
   “BUILDING DRAIN.” That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning 5 feet (1.5 meters) outside the inner face of the building wall.
   “BUILDING SEWER.” The extension from the building drain to the public sewer or other place of disposal, also called house connection.
   BYPASS. The intentional diversion of a waste stream from any position of a treatment facility.
   “CHEMICAL OXYGEN DEMAND (COD).” The COD of sewage effluent, polluted water or industrial wastes, is a measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.
   CITY. The City of Noblesville, Indiana, acting by and through the Common Council.
   “COLOR.” The optical density at the visual wave length of maximum absorption, relative to distilled water. One hundred percent (100%) transmittance is equivalent to zero (0.0) optical density.
   “CODE OF FEDERAL REGULATIONS (CFR).” The CFR is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
   “COMBINED SEWER.” A sewer intended to receive both wastewater and storm or surface water.
   “EASEMENT.” An acquired legal right for the specific use of land owned by others.
   “ENVIRONMENTAL PROTECTION AGENCY (EPA).” The U.S. Environmental Protection Agency or, where appropriate, the Region 5 Water Management Division Director, or other duly authorized official of the agency.
   EXCESSIVE STRENGTH SURCHARGE. An additional charge which is billed to users for treating sewage wastes with an average strength in excess of normal domestic sewage.
   “FLOATABLE OIL.” Oil, fat or grease in a physical state such that it will separate by gravity from wastewater in the sewers or by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
   “GARBAGE.” The animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
   “GPP.” Gallons per day.
   “GRAB SAMPLE.” A sample taken on a one-time basis without consideration for flow or time. IDEM. Indiana Department of Environmental Management.
   “INDIRECT DISCHARGER.” A non-domestic discharger introducing pollutants into a POTW, regardless of whether the discharge is within the governmental jurisdiction of the city.
   “INDUSTRIAL WASTES.” The wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
   “INSTANTANEOUS MAXIMUM ALLOWABLE DISCHARGE LIMIT.” The maximum concentration of a pollutant allowed to be discharged at any time, determined from the analysis of any grab sample or composited sample collected, independent of the industrial flow rate and the duration of the sampling event.
   “INTERFERENCE.” A discharge that, alone or in conjunction with a discharge or discharges from other sources, does one of the following:
      (1)   Inhibits or disrupts the POTW, its treatment processes, operations, or its sludge processes, or its selected sludge use or disposal methods;
      (2)   Causes a violation of any requirements of the POTW's NPDES permit, including an increase in the magnitude or duration of a violation; or
      (3)   Prevents the use of the POTW's sewage sludge or its sludge disposal method selected in compliance with the following statutory provisions, regulations, or permits issued thereunder or more stringent state or local regulations:
         (a)   Section 405 of the Clean Water Act (33 U.S.C. 1345).
         (b)   The Solid Waste Disposal Act (SWDA) (42 U.S.C. 6901), including:
            1.   Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA); and
            2.   The rules contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA (42 U.S.C. 6941).
         (c)   The Clean Air Act (42 U.S.C. 7401).
         (d)   The Toxic Substances Control Act (15 U.S.C. 2601).
   “MAXIMUM ALLOWABLE DISCHARGE UNIT.” The maximum concentration (or loading) of a pollutant allowed to be discharged at any time, determined from the analysis of any discrete or composite sample collected, independent or the industrial flow rate and the duration of the sampling event.
   “MEDICAL WASTE.” Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
   “Mg/l.” Milligrams per liter.
   “NPDES.” National Pollutant Discharge Elimination System
   “NATURAL OUTLET.” Any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater.
   “NON-CONTACT COOLING WATER.” Water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.
   “NORMAL DOMESTIC SEWAGE.” For determining surcharges, wastewater or sewage having an average daily concentration as follows: BOD not more than 250 mg/1; TSS not more than 250 mg/1; fats, oil and grease for petroleum not more than 25 mg/1 and animal not more than 100 mg/1; and Total Phosphorus not more than 7 mg/1. As defined by origin, wastewaters from segregated domestic or sanitary conveniences as distinct from wastes from industrial processes.
   “OPERATION AND MAINTENANCE COSTS.” Includes all costs, direct and indirect, necessary to provide adequate wastewater collection, transport, and treatment on a continuing basis, and produce discharges to receiving waters that conform with all related federal, state, and local requirements. These costs include replacement.
   “PASS THROUGH.” A discharge proceeding through a POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, are a cause of a violation of any requirement of the Utility's NPDES permit, including an increase in the magnitude or duration of a violation.
   “PERSON.” All persons, natural or artificial, including any individual, firm, company, municipal or private corporation, association, society, institution, enterprise, governmental agency, or other entity.
   “pH.” A measure of the acidity or alkalinity of a solution expressed in standard units of 0-14.
   “POLLUTANT.” Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).
   “POLLUTION PREVENTION.
      (1)   Except as provided in division (2) of this definition, any equipment and technology modifications, process or procedure modifications, reformulation or redesign or products, substitution of raw materials, improvements in housekeeping, maintenance, training, or inventory control, or any other practice that:
         (a)   Reduces the amount of a pollutant entering a waste stream or released to the environment, including fugitive emissions, before recycling, treatment or disposal; and
         (b)   Reduces the hazards to public health and the environment associated with the release of the pollutant.
      (2)   Pollution prevention does not include any practice that alters the physical, chemical, or biological characteristics or the volume of a pollutant through a process or activity that is not integral to add or necessary for the production of a product or the providing of a service.
   “PRETREATMENT.” Pretreatment is the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties before or instead of discharging the pollutants to the Wastewater Facilities.
   “PRETREATMENT REQUIREMENT.” Any substantive or procedural requirement related to pretreatment, other than a pretreatment standard, imposed on an industrial user, including applicable local limits.
   “PRETREATMENT STANDARD.” A pretreatment standard means:
      (1)   State pretreatment standards as established in 327 IAC 5-18-8;
      (2)   Pretreatment standards for prohibited discharges, as established in 327 IAC 5-18-2; and
      (3)   National categorical pretreatment standards incorporated by reference in 327 IAC 5-18-10.
   “PROCESS WASTEWATER.” Any water that during manufacturing or processing comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product, or waste product.
   “PROHIBITED DISCHARGE STANDARDS OR PROHIBITED DISCHARGES.” Absolute prohibitions against the discharge of certain substances; these prohibitions appear in § 53.011.
   “PROPERLY SHREDDED GARBAGE.” The wastes from the preparation, cooling and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than Vi inch (1.27 centimeters) in any dimension.
   “PUBLIC SEWER.” A common sewer controlled by a governmental agency or public utility.
   “PUBLICLY OWNED TREATMENT WORKS (POTW).” A treatment works owned by the City, except that it does not include pipes, sewers or other conveyances not connected to a facility providing treatment. The term includes any devices and systems used in the storage, treatment recycling and reclamation or municipal sewage or compatible industrial wastes. The term also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. "POTW" also means the municipality that has jurisdiction over the indirect discharges to and the discharges from such treatment works.
   “REPLACEMENT COSTS.” The expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
   “SANITARY SEWER.” A sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
   “SEPTIC TANK WASTE.” Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks.
   “SEWAGE.” The spent water of a community; human excrement and gray water (household showers, dishwashing operations, and the like).
   “SEWER.” A pipe or conduit that carries wastewater or drainage water.
   “SEVERE PROPERTY DAMAGE.” Substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
   “SIGNIFICANT INDUSTRIAL USER.
      (1)   Industrial users subject to categorical pretreatment standards; or
      (2)   An industrial user that:
         (a)   Discharges an average of25,000 gpd or more of process wastewater to the POTW (excluding sanitary, noncontact cooling, and boiler blowdown wastewater);
         (b)   Contributes a process waste stream which makes up 5% or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
         (c)   Is designated as a significant industrial user by the control authority on the basis that the industrial user has a reasonable potential to adversely affect the POTW's operation, violate a pretreatment standard, or violate a pretreatment requirement.
      (3)   Upon a finding that a user meeting the criteria in division (2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Utility may at any time, on its own initiative or in response to a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), determine that such user should not be considered a significant industrial user.
   SLUG. Any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
   “STORM DRAIN (Sometimes termed "STORM SEWER").” A drain or sewer for conveying water, groundwater, subsurface water or unpolluted water from any source.
   “STORM WATER.” Any flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt.
   “STANDARD METHODS.” The examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater, published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation and as set forth in the Congressional Record 40 CFR Part 136.
   “UTILITY DIRECTOR.” The utility director of wastewater facilities, and/or of wastewater treatment works, and/or of water pollution control of the City, or its authorized deputy, agent or representative.
   “SUSPENDED SOLIDS TOTAL (TSS).” Total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in the Standard Methods and referred to as nonfilterable residue.
   “TIME COMPOSITE SAMPLE.” A sample resulting from the combination of individual samples of equal volume taken at equal intervals of time, without consideration of the volume or rate of flow.
   “UNPOLLUTED WATER.” Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
   “UPSET.” An exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
   “U.S.C.” United States Code.
   “USER CHARGE.” A charge levied on users of the wastewater treatment works for the cost of operation and maintenance of the works pursuant to Section 204(b) of PL 92-500.
   “USER CLASS.” The division of wastewater treatment customers by source, function, waste characteristics, and process or discharge similarities (i.e., residential, commercial, industrial, institutional, and governmental in the user charge system).
      (1)   “RESIDENTIAL USER.” A user of the treatment works whose premises or building is used primarily as a residence for one or more persons, including all dwelling units, and the like.
      (2)   “COMMERCIAL USER.” Any establishment involved in a commercial enterprise, business, or service which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
      (3)   “INSTITUTIONAL USER.” Any establishment involved in a social, charitable, religious, or educational function which, based on a determination by the City, discharges primarily segregated domestic wastes or wastes from sanitary conveniences.
      (4)   “GOVERNMENTAL USER.” Any federal, state, or local governmental user of the wastewater treatment works.
      (5)   “INDUSTRIAL USER.” Any manufacturing or processing facility that discharges industrial waste to a wastewater treatment works; indirect discharger.
   “WASTEWATER.” The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with any groundwater, surface water and stormwater that may be present.
   “WASTEWATER FACILITIES.” The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.
   “WASTEWATER TREATMENT PLANT.” An arrangement of devices, equipment and structures for treating wastewater, also called POTW.
   “WATERCOURSE.” A natural or artificial channel for the passage of water either continuously or intermittently.
(Ord. 22-08-20, passed 8-11-20)